If you have a suspended or revoked license, you know that losing driving privileges has a huge impact on your daily life. Getting caught driving a motor vehicle with a suspended or revoked license in Michigan will result in a felony or misdemeanor charge. It will also make it that much more difficult to get your license back.
Are you interested in having your driver’s license restored? Unhappy with your current attorney? Request a free consultation now.
What happens when your driver’s license gets suspended?
Under Michigan law, a suspended license is a temporary restriction of an individual’s driving privileges. Depending on the specific circumstances, suspensions can have a definite or indefinite timelines. Definite will have simple start and end dates, while indefinite will have specific requirements and fees to meet in order to successfully store your license.
What happens when your driver’s license is revoked?
When your license is revoked, your license is considered “terminated” with no guarantee of reinstatement, and will require taking part in an administrative hearing at the Michigan Secretary of State to apply for a new license. There are also more rigorous requirements that one must meet to store a revoked license, which also includes proof of sobriety, letters of support from family/friends, larger fines, and in some cases requiring the use of an ignition interlock device.
Driving while your license is suspended (DWLS) vs driving while your license is revoked (DWLR)
Driving while your license is suspended (DWLS) and driving while your license is revoked (DWLR) are two different offenses governed by the same law. Under Michigan law (MCL 257.904), the penalties for operating a vehicle while your license is suspended or revoked are essentially the same, but the post-conviction suspension extensions vary. Driving with a suspended license or a revoked license can result in misdemeanors or felonies, depending on the circumstances.
Misdemeanor offenses (DWLS/DWLR)
- DWLS/DWLR First Offense: Up to 93 days in jail and/or a fine of up to $500.
- DWLS/DWLR after a prior conviction: Up to a year in jail and/or a fine of up to $1,000.
Felony offenses (DWLS/DWLR)
- DWLS/DWLR Causing Serious Bodily Impairment: Up to five years in prison and/or a fine between $1,000 and $5,000
- DWLS/DWLR Causing Death: Up to 15 years in prison and/or a fine between $2,500 and $10,000
The court may also:
1. Order the forfeiture of the vehicle used in the offense if you own the vehicle in whole or part or lease the vehicle.
2. Order the return of the vehicle to the lessor if you lease the vehicle. Your vehicle will be sold by whichever police department seized it. If the vehicle isn’t ordered forfeited, the court will order vehicle immobilization.
Additionally, the prosecutor may seek an enhanced sentence if you have a prior conviction or were driving under the influence.
Being convicted for driving with a suspended or revoked license
Being convicted of DWLS/DWLR will delay the process of getting your driver’s license back. After you’re convicted, the court notifies the Secretary of State who immediately tacks an additional, “like period of suspension or revocation.”
This means that if you had a suspension for one year while you were driving on a suspended license, you now have another year-long suspension.
Hire a lawyer to increase your chances of getting your DWLS/DWLR charge dropped to a conviction that will not ruin your driving record. This way, additional suspensions, and license charges will not be applied.
Additionally, if you have multiple license suspensions or revocation within seven years, the court will order vehicle immobilization. Immobilization can be applied to 180 days, between 90 days and 180 days, or between one and three years depending on the number of suspensions or revocations you have. Community service may also be applied.
Talk to a criminal defense attorney
If you’re serious about getting your valid license back, simply avoid driving with a suspended or revoked license. If you do and are charged with DWLS/DWLR, our driver’s license restoration lawyers can get you driving again in just 12 weeks.
*Does not apply to someone who has a DWLS because of failing to answer a citation or comply with an order or judgment under section 321a.
Are you interested in having your driver’s license restored? Unhappy with your current attorney? Request a free consultation now.